Bylaws Part 06: Cemeteries
This Bylaw facilitates the orderly and efficient management of cemeteries under the Council's control. It covers matters such as the sale of burial plots, reservation of areas for special purposes, provisions for interments, fees for services in the cemetery, keeping the graves and monuments in good order, vehicle control, and regulates miscellaneous other activities in cemeteries.
The authority to make Bylaws is provided by the Burial and Cremation Act 1964 and the Local Government Act 2002.
1.0 Short Title and Commencement
1.1 The title of this bylaw is the Hastings District Council Cemeteries Bylaw 2007, being Part 6 of the Hastings District Council Bylaws.
1.2 This bylaw came into force on 1 October 2007 and the Cemeteries Bylaw being Part 6 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.
2.0 Scope
2.1 The Council is empowered by the Burial and Cremation Act 1964 and the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.
2.2 This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.
3.0 Definitions
BURIAL means the interment of a deceased person or their ashes in a Cemetery
CEMETERY means and includes any land for the time being vested in the Council or under its control and dedicated and opened as a cemetery.
COUNCIL means the Hastings District Council or a duly authorised officer of Council.
INDEMNITY means an undertaking given by a person for payment of fees for the exclusive right of burial and interment fees.
INTERMENT FEES means all fees charged by the Council for an interment and without limiting its meaning includes any out of district fee properly chargeable.
LAWN CEMETERY or PLAQUE LAWN CEMETERY means a grass lawn cemetery in which headstones are place on a concrete strip provided, and which is declared to be such by the Council.
PLOT means a grave plot in a cemetery laid off and shown upon the plan and, unless otherwise expressly stated, having the dimensions of 2m in length by 1.2m in width.
4.0 Exclusive Rights of Burial
4.1 Burials may be made in any cemetery not closed, in a manner provided by law, subject to the conditions prescribed in this Part of this Bylaw.
4.2 Exclusive Rights of Burial may be sold upon such terms and conditions as may be decided by Council and may be granted in perpetuity as the Council by resolution decides.
4.3 Where a person is to buried in a plot in respect of which the exclusive right of burial has not been purchased, the personal representative or a relative shall pay the prescribed fee for the purchase of exclusive right of burial or sign an indemnity accepting liability of the payment to the Council of the prescribed fee for the purchase of exclusive right of burial, and for the prescribed interment and other fees incurred, within 12 months.
4.4 Any person by making application to the Council and paying the prescribed fee may purchase the exclusive right of burial in such plot in the cemetery as the Sexton may determine. Provided however, that where the exclusive right of burial relates to a plot not occupied or to be occupied at the time of purchase and unless the plot is in the meantime occupied, the person shall hold the plot in perpetuity from the date of purchase.
4.5 Title to an exclusive right of burial purchased under the provision of this Clause shall be a receipt issued by the Council upon payment of the prescribed fee.
4.6 Upon satisfactory proof being given to Council of the original title being lost, and upon payment of the prescribed fee, Council may issue to the person entitled, a duplicate of the receipt certifying that the prescribed fees have been paid.
4.7 No burial shall take place in any plot in respect of which the exclusive right of burial is held by any other person unless such person has given written consent to such burial or the funeral director has satisfied himself or herself that such burial in such plot is authorised by that person.
4.8 Any person entitled to the exclusive use of any plots may, before any urn or ashes have been buried in that plot, transfer his or her rights in that plot to any other person upon application to the Council and payment of the prescribed fee. Where permission to transfer is not granted, the Council may require the holder to surrender his or her rights to the Council upon repayment of the fee and the holder shall comply with any such requirement.
4.9 Any exclusive right no longer required by any purchaser (or his or her heirs, executors or assigns) may be surrendered to the Council and the fee paid previously shall be refunded.
4.10 The sale of the exclusive right of burial in any plot or ground shall only be made upon payment of the prescribed fee on the date of application or within 12 months of application.
4.11 Where the exclusive right of burial is purchased the purchaser, at the time of purchase, shall pay to the Council the prescribed fee to provide for the maintenance of the plot during the period that such exclusive right is held.
4.12 All kerbs, enclosures, headstones, monuments or other erections shall be kept in proper order and repair by the purchasers of exclusive rights of burial plots or their relatives or assigns. Subject to the provision of the Burial and Cremation (Removal of Monuments and Tablets) Regulations, 1967, all monuments, tablets, headstones, fences, or other erections of any kind which fall into a state of decay, or disrepair, may at any time be removed by order of the Council subject to Section 9 of the Burial and Cremation Act 1964. In the event of there being no one available to effect repairs or permit removal, a photographic record of the plot shall be taken before removal and filed with the Cemetery records.
4.13 The charges of fees mentioned in this Bylaw do not include payment for any work required to be done beyond the actual digging of an ordinary grave and after burial, filling in the same.
4.14 Out of District fees of such amounts as the Council may determine by resolution from time to time shall be payable in the case of the burial of the deceased person not residing in the District for at least 3 months immediately prior to date of death, and in the case of a stillborn child unless one of whose parents, was a resident or a ratepayer of the district for 3 months prior to the birth of such child. Residence by a person in a hospital or institution in the district shall not be deemed resident in the District and the Council shall decide in each case whether an "out of District" fee is payable in respect of such person. The Manager Community Services has the authority to waive this charge if, in the circumstances, the fee is deemed to be inappropriate, and provided the relatives of the deceased can submit sufficient evidence to demonstrate that the deceased had prior long-term residency within the Hastings District.
4.15 The fee payable to the Council for the exhumation of the body of any deceased serviceman and the reinterment in the War Graves section of the cemetery, if application is made by the War Graves Branch of the Department of Internal Affairs, shall be such as may be agreed upon between the parties from time to time.
4.16 The fees and charges may from time to time be amended or added to by resolution of the Council, and any such resolution may from time to time, be amended or rescinded, by a further resolution of the Council.
5.0 Burial
5.1 Any burial shall take place in such plot as the Sexton shall determine and no headstone shall be erected unless the exclusive right of burial has been paid for and all interment and other fees incurred at that time have been paid.
5.2 Unless otherwise approved by the Manager Community Services, no more that two burials shall be permitted in one plot. The minimum depth of graves for a first interment shall be 1.8m and if more than one burial is made in the same grave there shall be at least 1.2 m of covering at the average surface level of the ground over the coffin last buried. Upon payment of the additional fees prescribed, graves may be of a greater depth than the minimum stated above.
5.3 No person other than the Sexton or his or her assistant, or any other person being duly authorised by the Council, shall dig any grave in, or open the ground for burial in any part of the cemetery.
5.4 No burial shall be made in any cemetery without the approval in writing of the Sexton in accordance with Schedules 1 and 2 of this Bylaw.
5.5 Burial and cremation services shall be available between the hours of 8.00am and 5.00pm Monday to Saturday inclusive, or such other hours as the Council may by resolution from time to time determine. If in the opinion of the Manager, Community Services special circumstances exist which make a burial outside the prescribed hours desirable, such burial may take place on payment of an additional prescribed fee.
5.6 Upon written application to the Council and payment of the prescribed fees, the urn containing the ashes of any deceased person may be buried in any plot subject to an exclusive right of burial for that plot.
5.7 In all cases of intended burials, the person having management or control of the same shall give written notification to the Sexton and shall produce to the Sexton such evidence of death as may be required. Notification of an intended burial shall be given to the Sexton in accordance with Schedule 1 to this bylaw at least eight working hours prior to the time fixed for the funeral, except in cases of emergency, when, on the certificate of a medical practitioner, a shorter notice will be accepted.
5.8 Subject to the provisions of Section 49 of the Burial and Cremation Act 1964, no burial will be proceeded with until an indemnity for the payment of the prescribed fees for the purchase of exclusive right of burial, maintenance of plot fees, and interment fees has been supplied to the Sexton or the fees have been paid.
6.0 Headstones and Monuments
6.1 Purchasers of the exclusive right of burial in a cemetery may erect headstones or other monuments subject to the following conditions:
(a) Before any monumental mason or other person commences any work on any plot in the cemetery, a permit shall be obtained from the Council for such work. The permit shall be delivered to the Sexton before any work is commenced.
(b) Before any monumental work commences, a drawing and specification of any proposed monument shall be submitted to the Sexton for approval.
(c) Walls surrounding plots shall not exceed 300mm in height above the average surface level of the ground and such walls shall have foundations at least 75 mm below the footpath level.
(d) All such walls to be reinforced with 4.00 mm diameter wire or other approved material.
(e) Headstones or other monuments shall be securely affixed to the rear wall or reinforced by means of a steel bar or rod from wall to wall beneath the headstone or other monument, and tied to the reinforcing in the wall.
(f) Such headstones or the monuments shall not exceed 900mm in height above the height of the wall surrounding the plot or above the concrete strip except in the areas defined in the 3rd schedule where the height shall not exceed 1200mm.
(g) All such headstones or other monuments shall be of approved design and materials and constructed to the satisfaction of the Sexton.
(h) Any headstone or other monument which is in the opinion of the Council offensive either as to itself or as to any material which may be inscribed or otherwise placed thereon, may be removed by direction of Council.
6.2 Where the Council designates land for a Memorial Park or Lawn Cemetery headstones and other monuments shall be erected subject to conditions specified by Council.
6.3 In that part of the Hastings and Havelock North Cemeteries known as the SBA block (Stillborn area) a 300 mm wide concrete strip will be provided by the Council free of charge and exclusive rights of burial will not be sold for this area. The only type of memorial permitted in this area is a standard stainless steel memorial plaque (150 mm x 120.5 mm) or a granite plaque (270 x 150) attached to the concrete strip at a charge to be determined by resolution of the Council from time to time.
7.0 Control of Activities
7.1 No monumental mason or other person shall remove from the cemetery or from any plot within the cemetery, any monument or tablet, without first obtaining permission in writing from the Council in respect of each removal.
7.2 No monumental mason or other person erecting, maintaining, or repairing any headstone, monument, fence, or other work in, on, or around any grave, or constructing, maintaining, or repairing any vault in any cemetery shall make use of any footpath, or other part of the such cemetery for placing or depositing thereon any tools, planks, casks, or material in connection with the work for a longer time than is reasonably necessary for the purpose of completing such work.
7.3 Except as provided in clauses 5.1 and 5.2 no person shall do any work in any plot in the cemetery unless specifically authorised by the Sexton to do so.
7.4 No person shall in or near any part of the cemetery prevent, interrupt, or delay the decent and solemn burial of any body, or remains of any body.
7.5 No person shall, in or near any part of the cemetery, so conduct himself or herself as to be a nuisance or annoyance to persons lawfully within the cemetery, or approaching the cemetery for a lawful purpose.
7.6 No person shall without written authority from the Council remove or take from any cemetery any vase, wreath, plant, flower, or any other thing. The Sexton may remove any material that is, in his or her opinion, neglected, unsafe or broken.
7.7 Any wreath or other floral tribute may be placed on a plot provided that no person shall plant anything on any plot.
7.8 The Sexton shall be at liberty at any time to remove receptacles considered to be damaged or of a type not approved by the Council, and the Sexton may also remove at any time dead flowers and dead foliage.
7.9 No person shall allow any animal within the cemetery grounds without the consent of the Sexton.
7.10 No person shall solicit any order or custom from any other person, in the cemetery, for any work whatsoever, or for the sale, preparation or supply of any article. No person shall in the cemetery, accept or take any such order or custom.
7.11 The use of vehicles is permitted within the Cemetery grounds between the hours of 6.00am and sunset only, unless prior arrangements have been made with the Sexton.
7.12 No person in control of any vehicle unless authorised by the Council shall drive or conduct the same or permit the same to be on any part of any cemetery except the roads open for vehicular traffic and in the direction indicated by traffic notices.
7.13 No person shall drive or conduct any vehicle of any kind in any cemetery at a greater speed than 15km/h, or than indicated on any road within any cemetery.
7.14 All vehicles shall yield unconditional right of way to any funeral procession and shall stop or move such vehicle as directed by the Sexton or his or her assistant.
8.0 Exhumation
8.1 Where an application for an exhumation is received by the Council the exhumation shall be conducted pursuant to sections 51 and 55 of the Burial and Cremation Act 1964 and subject to payment of such fees as the Council by resolution prescribes.
Schedule 1
- Schedule 1 (PDF 49kB)
Schedule 2
- Schedule 2 (PDF 4kB)
Schedule 3
Headstones or monuments shall not exceed 900mm in height above the concrete strip provided, except in the following areas where the maximum permitted height is 1200mm above the concrete strip
(a) Mangaroa Cemetery, Block B
(b) Mangaroa Cemetery, Block C
(c) Hastings Cemetery, Block G
(d) Hastings Cemetery, Block H
(e) Hastings Cemetery, Block T
Headstones or monuments that are above 900mm are subject to the following conditions
(a) Application to be made by ‘Special Request’
(b) Approval for a ‘Special Request’ to be given by the Sexton and the Parks Manager
(c) The proposed monument will see the bulk of its construction no higher than 900mm
